SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2012 0053
| SAJMIR BEQIRI | Appellant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES | WARREN CJ, PRIEST JA and VICKERY AJA |
| WHERE HELD | MELBOURNE |
| DATE OF HEARING | 18 February 2013 |
| DATE OF JUDGMENT | 4 March 2013 |
| MEDIUM NEUTRAL CITATION | [2013] VSCA 39 |
| JUDGMENT APPEALED FROM | The Queen v Beqiri (Unreported, County Court of Victoria, Judge Dean, 20 February 2012) |
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CRIMINAL LAW – Appeal against conviction and sentence – Appellant pleaded guilty – Appellant convicted on one count each of possession of a marketable quantity of an unlawfully imported border controlled drug and manufacture of a marketable quantity of a controlled drug – Total effective sentence six years' imprisonment with non-parole period of three years nine months – Whether extracting cocaine from impregnated clothes constitutes a ‘manufacture’ of cocaine for the purposes of s 305.1 of the Criminal Code Act 1995 (Cth) – Appeal against manufacture conviction allowed – Manufacture conviction quashed – Resentenced to five years six months’ imprisonment with non-parole of period three years four months.
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| Appearances: | Counsel | Solicitors |
| For the Appellant | Mr J McLoughlin | Victoria Legal Aid |
| For the Director | Mr D D Gurvich | Office of Public Prosecutions (Cth) |
WARREN CJ:
I have had the benefit of reading in draft form the reasons for judgment of Priest JA. I agree with his Honour.
PRIEST JA:
Introduction
For reasons that follow, I am of the opinion that the appeal against conviction should succeed and the conviction on the second count on the Indictment should be quashed.
On the remaining count I would sentence the appellant to be imprisoned for five (5) years and six (6) months, and I would impose a non-parole period of three (3) years and four (4) months.
The charges and sentences
On 10 February 2012, the appellant pleaded guilty in the County Court at Melbourne to two drug offences under the Criminal Code Act 1995 (Cth) (‘the Code’). Count 1 on the Indictment was a charge of possession of a marketable quantity of an unlawfully imported border controlled drug, cocaine;[1] and count 2 charged the manufacture of a marketable quantity of a controlled drug, cocaine.[2] As I will later explain, both of these charges related to the same quantity of cocaine.
[1]Section 307.6(1) of the Code.
[2]Section 305.4(1) of the Code.
Following a plea, on 20 February 2012 the appellant was sentenced to be imprisoned for six (6) years on the first count and for three (3) years on the second. The sentence on count 2 was ordered to be wholly concurrent with the sentence on count 1; and a non-parole period of three (3) years and nine (9) months was fixed. It should be noted that each of these offences is punishable by a maximum penalty of
25 years’ imprisonment.
Initially the appellant sought leave to appeal against sentence only. Some time later, however, the applicant sought an extension of time within which to file an application for leave to appeal against conviction, and that application…
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- AGLC
- Beqiri v The Queen [2013] VSCA 39
- Case
- [2013] VSCA 39
- Decision Date
CaseChat Overview and Summary
The court examined the statutory definition of "manufacture" and considered the specific context of the extraction process. It held that the term "manufacture" in section 305.1 of the Criminal Code Act was not limited to the production of a drug from raw materials but also included processes that transform or prepare the drug for distribution. However, the court found that the act of extracting cocaine from clothes did not constitute a significant transformative process that would qualify as "manufacturing" under the statute. The court quashed the manufacture conviction but upheld the possession conviction.
Consequently, the court proceeded to resentence Beqiri. The High Court reduced the total effective sentence to five years and six months imprisonment, with a non-parole period of three years and four months. The court's decision resulted in the quashing of the manufacture conviction while maintaining the conviction for possession of a marketable quantity of a controlled drug. The reduced sentence reflected the court's findings on the manufacturing charge and the overall impact on the appellant's criminal history and culpability.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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